For Immediate Release
July 12, 2012
K. Allen Brooks, Senior Assistant Attorney General
Attorney General Michael A. Delaney and Commissioner Thomas S. Burack of the New Hampshire Department of Environmental Services ("DES") announce that the Merrimack County Superior Court (McNamara, J.) has approved a settlement between the State and Plourde Sand and Gravel, Inc. ("Plourde") for claims that Plourde failed to obtain permits and violated existing permits related to air emissions for several diesel generators located at its Allenstown and Hooksett facilities. In addition, Plourde failed to comply with various requests for information, and failed to file timely annual emission reports and pay required air emissions fees. Plourde also failed to comply with the requirements of an administrative order that was issued by the State. While the lawsuit was pending, Plourde also committed additional violations of the state air pollution control rules.
Plourde uses diesel generators to generate electricity for onsite processing of sand and gravel. The emissions from these generators, such as nitrogen oxide (NOx), contribute to air pollution causing ground level ozone (also known as smog). The State has certain requirements for obtaining permits in advance of installing these generators and also has recordkeeping and reporting requirements to monitor emissions from these sources.
Plourde has a history of failing to respond to requests for information, failing to keep required records and installing devices prior to obtaining the required permits. In order to address the potential for future violations, the settlement requires Plourde to retain a qualified professional to assist with submittals of air-related information. Plourde admitted to all of the violations alleged in the State's petition.
As a result of the State's suit, Plourde paid all emissions fees that were due. In addition, Plourde was assessed a total civil penalty of $80,000. Of the total $80,000 penalty, $20,000 will be suspended provided Plourde does not commit any other violations within three years of the date of the settlement. The remaining $60,000 must be paid to the State.
Copies of the settlement agreement between the State and Plourde are available upon request.
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